Dictionary
Schedule 4 Dictionary
section 3
6 month residency period see section 36(1)(a).
absentee see section 31.
Administration Act means the Taxation Administration Act 2001.
approved form means a form approved under section 84.
assessment see the Administration Act, schedule 2.
assessment notice see the Administration Act, section 26(1).
Australian citizen see the Australian Citizenship Act 2007 (Cwlth), section 4.
averaged value see section 18.
avoider, for part 8, see section 66(1)(a).
basis of liability notice see section 80A(2).
BCCM Act means the Body Corporate and Community Management Act 1997.
beneficiary, of a trust, means a person entitled to a beneficial interest in land or income derived from land that is the subject of the trust.
Note—
See also section 24 for deciding who is a beneficiary of a discretionary trust when a liability for land tax arises.
BTR start date, for an eligible BTR development, for part 6A, see section 58A.
BUGTA plan means a building units plan or group titles plan under the Building Units and Group Titles Act 1980.
build to rent development, for part 6A, see section 58D.
capped value, of taxable land for section 16(2), see section 18A(2).
charitable institution means an institution registered under the Administration Act, part 11A.
claim, for a land tax windfall for part 7A, see section 63E.
clearance certificate means a certificate issued under section 63.
commissioner see the Administration Act, schedule 2.
community titles scheme see the BCCM Act, section 10.
company includes all bodies or associations corporate or unincorporate.
co-owners means persons who own land jointly or in common, whether as partners or otherwise.
decision day, for part 7A, see section 63A(7).
de facto partner means 1 of 2 persons who is a de facto partner within the meaning of the Acts Interpretation Act 1954, section 32DA, if the persons are living, and for at least 2 years have lived, together as a couple on a genuine domestic basis within the meaning of that section.
discounted rent dwelling, in a build to rent development, for part 6A, see section 58P(2).
discounted rent housing agreement, for part 6A, see section 58R.
elects, for part 9, division 1, see section 72.
eligible BTR development, for part 6A, see section 58E.
eligible tenant, for part 6A, see section 58Q.
exempt land means land declared under part 6 to be exempt land.
exempt purpose, for part 6, division 2, see section 46.
foreign company see section 18B.
foreign person see section 18D.
foreign surcharge rate, for the imposition of land tax, for part 7A, means either of the following rates—
the surcharge rate for a foreign company or trustee of a foreign trust under section 32(1)(b)(ii);
the rate for an absentee under section 32(1)(c).
foreign trust see section 18C.
home unit, for part 4, division 4, see section 26.
home unit company means a company in which all the issued shares are owned by persons who have, because of those shares, an exclusive right to occupy a unit forming part of a building consisting of at least 2 units and located on land owned by the company.
interest schedule lot entitlement, of a lot included in a community titles scheme, see the BCCM Act, section 46.
invalid land tax, for part 7A, see section 63A(3), (5) and (6).
land tax means land tax levied under section 6.
land tax benefit, for part 8, see section 67(1).
land tax windfall, for part 7A, see section 63D.
land used for an eligible BTR development, for a financial year, for part 6A, see section 58C.
Land Valuation Act means the Land Valuation Act 2010.
Land Valuation Act value see section 17.
last instalment date, for part 9, division 1, see section 71(7).
lot entitlement, of a lot shown on a BUGTA plan, see the Building Units and Group Titles Act 1980, section 7.
member, of a person’s family, means each of the following—
the person’s spouse;
the parents of the person or the person’s spouse;
the grandparents of the person or the person’s spouse;
a brother, sister, nephew or niece of the person or the person’s spouse;
a child, stepchild or grandchild of the person;
the spouse of anyone mentioned in paragraph (d) or (e).
mortgage includes—
a charge on land; or
an interest in land, regardless of how it was created, for securing money.
mortgagee includes every person entitled at law or in equity to a mortgage or part of a mortgage.
non-exempt purpose see section 39(2).
notice means written notice.
objection, for an assessment, see the Administration Act, schedule 2.
outstanding liability, for windfall tax, see section 63L(1)(c).
owner—
of land, see section 10; or
of a unit, for part 4, division 4, see section 25.
parcel means an area of land that is the subject of a separate valuation under the Land Valuation Act.
payment day, for part 7A, see section 63E(2)(c)(ii).
penalty tax see the Administration Act, section 58(1).
permanent resident means—
the holder of a permanent visa under the Migration Act 1958 (Cwlth), section 30(1); or
a New Zealand citizen who is the holder of a special category visa under the Migration Act 1958 (Cwlth), section 32.
post-commencement liability, for part 10, see section 86.
pre-commencement liability, for part 10, see section 86.
prescribed relative, of a person, means the following—
the person’s spouse;
a parent or step-parent of the person;
a brother or sister, or stepbrother or stepsister, of the person.
related person see section 18E.
repealed Act, for part 10, see section 86.
residential area means a building, part of a building, or another place of accommodation, that is used or available for use for residential purposes.
Examples—
a house, unit, flat or granny flat, manufactured home within the meaning of section 54, or an outbuilding associated with a house
residential care see the Aged Care Act 1997 (Cwlth), section 41-3.
residential tenancy agreement, for part 6A, see section 58A.
scheme, for part 8, see section 65.
scheme land see the BCCM Act, section 10.
spouse includes a de facto partner and a civil partner.
staged development, for part 6A, see section 58D(4).
suitable for occupation, in relation to a building, for part 6A, see section 58A.
tax see the Administration Act, schedule 2.
taxable land see section 9.
taxable value see section 16.
taxpayer see the Administration Act, schedule 2.
tenancy agreement includes any of the following—
a lease or licence;
an agreement or arrangement about boarding or lodging for a person.
time-sharing scheme means a scheme, undertaking or enterprise (a scheme)—
in which participants are or may become entitled to use, occupy or possess, for 2 or more periods during the scheme’s operation, property to which the scheme relates; and
implemented in relation to any of the following—
all or some of the lots comprised in a BUGTA plan;
all or some of the lots included in a community titles scheme;
another parcel, if each participant is a registered proprietor of the parcel.
trust interest see section 18F.
trustee includes—
a person appointed or constituted trustee by any of the following—
act of parties;
order or declaration of a court;
operation of law; and
an executor or administrator, guardian, committee, receiver or liquidator; and
a person—
administering or controlling land affected by an express or implied trust; or
acting in a fiduciary capacity; or
possessing, controlling or managing the land of a person under a legal or other disability.
unit means a room or suite of rooms—
constructed, designed or adapted for use as a dwelling; and
forming part of a building owned by a home unit company.
unpaid land tax includes unpaid tax interest and penalty tax for the unpaid land tax.
unpaid tax interest see the Administration Act, section 54(1).
used as the home see section 36.
use requirement period see section 47(2)(b).
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windfall tax see section 63C.
This Act’s bill:Explanatory memorandumSecond reading speech
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